Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2 & 3---Constitution of Pakistan, Art. 10-A---Summary suit on negotiable instrument---Application for leave to appear and defend the suit---Right of fair trial---Scope---Application for leave to appear and defend the suit was dismissed and suit was decreed---Validity---Defendant produced documents along with application seeking leave to defend the suit in support of his version apart from the affidavit sworn by him---Question whether cheque was without consideration after amount having been paid, or otherwise, was a factual controversy---No one could be condemned unheard---Factual controversy could be resolved after recording evidence---Defendant had made out a case for grant of leave to defend the suit---Fair opportunity had not been provided to the defendant to prove his version---Impugned and decree were set aside---Application filed by the defendant (appellant) for leave to defend the suit was allowed subject to furnishing security equal to the suit amount to the satisfaction of Trial Court within a specified period---Trial Court was directed to conclude the case expeditiously within a specified time---Appeal was accepted, in circumstances. (b) Constitution of Pakistan--- ----Art. 10-A---Right of fair trial---Scope---Person should be entitled to a fair trial and due process for determination of his civil rights and obligation or in any criminal charge against him. THIS JUDGMENT DELIVERED BY: CH. MUSHTAQ AHMAD, JUSTICE:---.--- This appeal has been directed against judgment and decree dated 15.05.2014 passed by learned Additional District Judge, Rawalpindi, whereby application moved by the appellant for leave to defend the suit filed under Order XXXVII of Civil Procedure Code, 1908 was rejected and the suit was decreed. 2. Contention of learned counsel for appellant is that the appellant had made out a case for grant of leave to defend the suit; that there was disputed question of fact touching merits of the case and the controversy could not be resolved without recording evidence but the learned trial court declined to grant leave to defend the suit without providing fair opportunity of being…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492